Loading...
HomeMy WebLinkAboutItem #19 Second Reading of Ordinances for Inspiration Planned Unit Development (PUD) – Annexation and Rezoning to PUD and PUD Land Use Plan; Project No. AX-08-17-64 & RZ-17-08-05 \til )( i )t-i- AGENDA ITEM COVER SHEET Meeting Date: March 6, 2018 Item # /9 Reviewed By: Contact Name: M7R5- Departmenty Director: Contact Number: 407-905-3157 City Manager: Subject: Inspiration PUD Annexation, Rezoning to PUD, PUD Land Use Plan, Annexation Agreement Project#AX-08-17-64 8 RZ-17-08-05 Commission District#3— Richard Firstner BACKGROUND SUMMARY: General Location: The subject property is located on the west side of Maguire Road and south of the Florida Turnpike. Parcel Identification Number(s): 30-22-28-0000-00-004 (Annexation and PUD) and 30-22-28-0000-00-017 (PUD Rezoning). Property Size: +1- 16.27 acres. Actual land use, proposed land use and unique features of the subiect property: The subject parcels for the Inspiration PUD is located on 16.27 acres. The parcel is heavily wooded and contains a small variety of trees, of which a majority consists of planted pine trees. The future land use & requested initial zoning classification of the subiect property: CURRENT PROPOSED Jurisdiction/Future Land City of Ocoee Commercial/Orange City of Ocoee/Commercial Use-Joint Planning Area County/Rural Land Use Classification Jurisdiction/Zoning City of Ocoee C-3/Orange County"A-1" City of Ocoee Planned Unit Classification "Agriculture" The current future land use and zoning classifications of the surrounding properties: Direction Future Land Use Zoning Classification Existing Land Use North Office Professional PS-Ocoee Vacant Commercial (across Florida Tumpike) East Commercial Commercial PUD Apartments(across Maguire Rd.) South Low Density Residential Single-Family Dwelling Residential (Brookestone) 'R-1A" Subdivision West Commercial PUD PUD Office/Pre-school ISSUE: Should the Honorable Mayor and City Commission approve the ordinances for the Annexation, Rezoning to PUD "Planned Unit Development", PUD Land Use Plan, and Annexation and Development Agreement for Inspiration PUD? CONSISTENCY WITH STATE & LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. The subject property is considered contiguous to the City of Ocoee since it bordered by property located within the City limits on all sides. Joint Planning Area Agreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Orange County has been notified of this petition in accordance with Section 171.044(6) FS and Subsection 13-A of the City of Ocoee-Orange County Joint Planning Area Agreement. Rezoning: The Applicant has requested a City of Ocoee zoning designation of Commercial PUD (Planned Unit Development), which is consistent with the zoning of the properties in the area. The PUD zoning designation is consistent with the adopted future land use designation of Commercial, as shown on the City of Ocoee &Orange County Joint Planning Area future land use map. Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, "The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy....". The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement..." Annexation Feasibility & Public Facilities Analysis Report (See attached): The proposed site plan will require connection to City of Ocoee potable water and sewer. Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. The land use and rezoning are also consistent and compatible with surrounding properties. DISCUSSION: The proposed Inspiration PUD is located on two parcels containing 16.27 acres. The parcels are heavily wooded and do not contain wetlands. The proposed Inspiration PUD Land Use Plan provides for a mixed- use commercial center with 90 Townhome units and retail/commercial. Building #1 is a 13,681 S.F. Pre- school. Building #2 is a 12,600 S.F. office/retail building. Building #3 is a two-story office/retail with 42,350 S.F. Building #4 near the internal park area is 3,300 S.F. of retail. Stormwater retention will be located around the townhome project. Access to the site will be provided from a new road extended from Tomyn Blvd. Staff has evaluated the proposed annexation and Proposed PUD and had some initial concerns that have been worked out through the Development Review process. Below are the two most significant items that have been proposed by the applicant and approved by staff: a) The proposed Pre-school and the effects of the peak p.m. trips on to Tomyn Blvd. The applicant will pay a proportionate share amount of money toward a future traffic signal at the intersection of the new road and Tomyn Blvd. Staff approves of this mitigation strategy. b) The location of fee simple townhomes adjacent to the Florida Turnpike without sound attenuation walls. The City has added the following condition of approval to mitigate this concern: Owner agrees to include in the declaration and covenants for the residential portions of the Property the following disclosure statement: If you are buying a home or lot in Inspiration PUD you should know these basic facts: 1. Inspiration PUD is located adjacent to Florida's Turnpike, which is an 10 lane highway with heavy traffic. 2. Purchaser has observed that a sound attenuation wall does not exist at Inspiration PUD and understands that no there are no plans to install.such a wall. 3. Purchaser understands and acknowledges that the development of a sound attenuation wall would be the responsibility of the Turnpike Authority and that installation of a sound attenuation wall will not be done by the City of Ocoee. 3. Developer and Owner acknowledge that this disclosure shall run with the Property and inure to the parties hereto and to their respective successors and assigns and to any person,firm, corporation, or entity who may become a successor in interest to the Property and any portion thereto. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on October 4, 2017, and reviewed the Annexation, Initial Zoning to PUD "Planned Unit Development", and PUD Land Use Plan. Staff discussed the extension of water main and a possible upgrade to a public lift station. Staff also discussed the potential need for a signalized intersection and the proposed modern architecture style being proposed. The Development Review Committee made two motions. The first motion was to recommend approval of the annexation and rezoning of the 10.6 acres (30-22-26-0000-00-004). The second motion was to recommend approval of the PUD Land Use Plan for both parcels subject to the traffic signal and architecture comments being satisfied before City Commission hearings. PLANNING AND ZONING RECOMMENDATION: The Planning and Zoning Commission (P&Z) met on October 10, 2017, and reviewed the Annexation, Rezoning to PUD "Planned Unit Development", and PUD Land Use Plan for Inspiration PUD. Members of the P&Z discussed the intersection of Tomyn Blvd and the future new road's current and future traffic delays as well as architecture. A motion was brought forth to recommend approval of the Annexation, Rezoning to PUD"Planned Unit Development" and PUD Land Use Plan. The Planning and Zoning Commission voted 5-0 to recommend approval. RECOMMENDATION: Staff recommends the Honorable Mayor and City Commission approve the ordinances for the Annexation, Rezoning to PUD "Planned Unit Development", the PUD Land Use Plan, and the Annexation and Development Agreement for Inspiration PUD. Attachments: Annexation Feasibility Analysis Location Map Aerial Map Future Land Use Map Zoning Map Inspiration PUD Land Use Plan Renderings Annexation and Development Agreement Annexation Ordinance Rezoning Ordinance Financial Impact: None Type of Item: [❑ Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading 0 Consent Agenda ® Ordinance Second Reading Public Hearing ❑ Resolution _ Regular Agenda ❑ Commission Approval ❑ Discussion&Direction [ ] Original Document/Contract Attached for Execution by City Clerk 0 Original Document/Contract Held by Department for Execution Reviewed by City Attorney ❑ N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A CITY OF OCOEE ANNEXATION FEASIBILITY ANALYSIS CASE NUMBER: AX-08-17-64& RZ-17-08-05 APPLICANT NAME: Ray Veloso PROJECT NAME: INSPIRATION PUD This form is used to evaluate annexation requests to determine the feasibility of providing urban services to individual properties. Each department has filled in the appropriate section and the findings are summarized below. I.PLANNING DEPARTMENT Michael Rumer, City Planner A. Applicant/Owner 1. Owner (if different from Applicant): Maguire Road LLC B. Property Location 1. General Location: West side of Maguire Road and south of Florida Turnpike. 2. Parcel Identification Numbers: 30-22-28-0000-00-004 3. Street Addresses: N/A 4. Size of Parcels: 16.27 acres C. Use Characteristics 1. Existing Use: Vacant 2. Proposed Use: Single-Family Dwelling (Townhome) 3. Density/ Intensity: 9 4. Projected Population: 200 D. Zoning and Land Use 1. Orange County Future Land Use: Rural /JPA is Commercial 2. Orange County Zoning: A-1 3. Existing Ocoee Future Land Use: Commercial 4. Proposed Ocoee Zoning: PUD E. Consistency 1. Joint Planning Area Yes 2. Comprehensive Plan: Yes II. FIRE DEPARTMENT 1. Estimated Response Time: s 3 Minutes 2. Distance to Property: Distance from Station#3 (Maguire) is one (1) mile 3. Fire Flow Requirements: Residential Flow is 300 gpm 1111. POLICE DEPARTMENT 1. Estimated Response Time: <_ 3 mins from the PD Substation on Bluford 2. Distance to Property: 1.7 miles from the PD Substation on Bluford 3. Average Travel Time 5 3 mins Page 1 of 3 Applicant Name:Inspiration PUD Project Name:Annexation&Rezoning Case M:AX48-17-64&RZ-17-08-05 IV. ECONOMIC VALUE Michael Rumer, City Planner 1. Property Appraiser Market Value: $439,192 2. Property Appraiser Assessed Value $439,192 3. Estimated City Ad Valorem Taxes: $261,000 4. Anticipated Licenses & Permits: N/A 5. Potential Impact Fees: $277,706 6. Total Project Revenues: N/A V. BUILDING DEPARTMENT Michael Rumer, City Planner 1. Within the 100-year Flood Plain: No VI. UTILITIES Milen Womack, City Engineer A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes 4. Location and Size of 8" Water main Tomyn Nearest Water Main: 12"water main along Maguire B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Serving Area: Yes 3. Extension Needed: Yes 4. Location and Size of 4" Force main from Tumblewater Nearest Force Main: 5. Annexation Agreement Needed: C. Other 1. Utility Easement Needed: Yes 2. Private Lift Station Needed: No 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name:Inspiration PUD Project Name:Annexation&Rezoning Case e:Ax-08-17-64 8 RZ-17-08-05 VII. TRANSPORTATION Michael Rumer, City Planner 1. Paved Access: No 2. ROW Dedication: No 3. Traffic Study: Yes 4. Traffic Analysis Zone: 626 VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer, City Planner At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks I Recreation: At this time, adequate water/sewer capacity exists. C. Water I Sewer: At this time, adequate solid waste capacity exists. D. Stormwater: At this time, adequate solid waste capacity exists. E. Solid Waste: No impact fees will be assessed. F. Impact Fees: IX. SITE SPECIFIC ISSUES NI Departments X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer, City Planner This property is contiguous with the City Limits and will reduce the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 Inspiration PUD Location Map I ''1 I �c 1nr►�o d w s- Idi ea I LL 0 t N L N (a {L 2 Old Wider G deb Si �■or �.iy -• m n U1 . 1\Ik �i0-']I1L'T�T�13�• � �n iiia �, 71 WI•• lily E!!!! • t, �� . • .� oil,Y, E it �.■ Cl a- Q■■ Limn:mE��p 3raj e. lig+ : ;Am p � s • Mme .. s". W ii 1i ii Zw l N., c JP f 1ii id iiIIi I 11 Np I' ovoa 3alnovvl ,, a5'p '- c0 it 111111 OM 9 * 1 -, I 11T—T1 --1—1II ,/-^\\ . / ° �, 111 - - - ‘01104.% , ‘, sin-kIIIIIIIMillillir, „., „, $li Is i ' Z i_ ,y till' RkR9 ��{{;{13 y�l� / / '� � �,jallrlu,o�lr.�ul�l•�i �.. `� I � y iii 1i1i 1911 Alp . A / / ti-f -" , N( , 1 -, //,, ti f-iftiti iiiillillik �I: 1 I ' i§§11§Alibi w1 ili %xr%! // , `®�/� o . 11■I 1l ' Z i n , • s 1 2 / / j_.f ! ; ,7-,-7.---.—.--- t l 11■I�_�. g� w I A 1 - 1--1--.1 IW.. I 1 i1y Ili ii fl „ i " - r �i1iii,t ° ib i ... nit ti s1 11' Ilk 1 1 r z / /F"-,S� �t� =I� iiiHEI. 1 a` IthI il II ' .0, 1 in 1 LII! / i r I!`�I`�',� - .nas.,➢wn6. 2....,. i1 / r ' ! ft,g rye/ �!I■11 -/_• 11j / / /�I 1:' �!� '-ti mar► Ilm _ 5ti i1 liti 1i 11 �/ / �,:•; II ftl'• .IiQI■11 Km a E Mg ' �� u?/ / , � I :7 / ; ImoMI <imu LA I I I I r( a;.�Emil -���� ' �I1 ��"■i- li■I� 1- 11 _ - / / k-1�ra (4111,11111,11,411%111114717!111-1111 --r-- ---11 1 O o 11■I�_i E x1 .._ / 1 / "� (IillI _ __-,_I k 7 Iim1inuM/ '.\ ► iii I <$Y � ". S , ,I • ":. iiiii C, 1 ItPI�., 11 a( iy\o,tos, iii■I _�IfN 1 \0 0 Atil f 1 gni ; 1 it1iEIj7j 'i l,6 � � 8l Age '' 1 1 \ / ' A` I 1 ,�� I p limit I A. ) \____J 1 1 ----- .r....„(0 • >-- yon 1 ,7 1 i z r 1 1 • ,'17 J 1 i I p z 1 , 14 © I U < - -1 M{ 1—� I 1 ° S Q _1 1 I - h r► I I- I o I { 1 W d °%%erg_ i ° '�° I w' I1 0 IL TI . 1 -7. mom °� O 11 go I 0 I .,2 1 . ' t/ii #77,... . it i r U : , '.&—i 1: : • . .1Ir 1 . • .;:2 3.W i • .0 t • ' • `)je. * . 1. ,ri i z 0 . , ..:\,...i - • •-.— - I.. r --- -- i '''''411117. m '. i r -moi 7. ..7" m -ci.A111' � - wr ,j,.rS° • W E T 1k.111111 , • N 0 . 0U) I/ i � -,. r , , / i 0 • j / ��`''''5)._n_ RQ Nrtr O. O N Q . ii 1 , , .. . , v , '1 ' •_4, A 7./ 4: .;...: 1.4'1' 4 , ‘. ., �� 3+ ,' • / Y I ,,. •� • ` � • • . ii,L:-.' ••e 4 1a Ii •• 1• _ /1 • 1p •/ Ir` 1.°.•. 1 , . I ' . , I:I t. , [ * ' 1 :4 11"" . V +' It 0 �l� i ,1:..� !Pt • L.1-.. > to. , � , r mimi N. I;; ' _ ii: 6:1" _ 0 ,ri iL t=L.6) a 1 , 10 Ir t a1 1r i • * . � :A —i-rm :NitF. MIME oD 03 - ..:_--"„..' wi-M-t411W1 s.P-7.1 4WRff.,IiMMi4ISp gi .. 1, .1 a M Oti�yii MEW; ``3 mow so Mg :W C , �`. . ' .2�1 . MIMIIV =rte't-i ME nal limp %I as as CD 41.1 WM Mrailingt a011 0 a •, alispt4, # `‘Iq NO 41P11111116 s... MI lig •:a iPP,,L,4w NO r-77 . 171 MI L. MI EIMIBP %Ow* dida ERA IMF 11111 IM '10& /111•11111111 imm is a r I LI •7 7. p11111a NW M1 .`. •Alarsts Er M b, a) //��,� ` a) "�ji _ N. (� U U C9 o m (d C AWr r LL oN cn E. = a c fl o o f = n a (0 N O a) (0 D .cu C (0 (A 5 . 'r_I E � up Jo - -- _ `° -Qom - o J o rn o a0i N Q- a cc a N O a w CO 0' 9, v c(9i " aQi >-O .0 N Y a) w 1 -O Ca jj� o o^ (n a) 2 'ui c O (6 ` c O N o I� N -6 Q iu 2 a0i @ @ ? o co r U C U 70 S U -p CID c d Q-- N E O .O N 2 j (6 2 2 O o . 000 . N E — > Q) U to a 3 a -°,..„ w E c6 c 0 TD Y F, D L C O a) O O Q) a) o a) 7 (0 c� (n D (6 J 2 d (.) J = C.) Et CI J WI 1 0 iw, I a _ i 4iva ,,,-- "IN Amu err ...... . ... ,. . .....: ... ....... ,.......: lirII _ I 8 EiuuT °211 =s 11 111III111i ' ::ni 11w. - ..3,1--- IUI111w • c....vgiii . = = uos Zqiec53 $ 1111_11111 111111 Ck17 IN riy a ._ 1#8 -A a 1111111111111111 MIMI f, '�'°°'�p- 1 (1�1111� MN w1 w VIIM tti+ 11111 1 NMI r:uv •CtVVnyyy eVe 'hi 1'ti• :Y.Y.::.;.;{i:ii{:{' .'„mL fA .u. ate RI MO 1111 - Al::::::::.::.*:;....,:..;:.:::,:k!, .::::::.::.::,::.::.:::::::::::. :,':,7a.. §pk833k..r.:-.::,:. Ill a 4 it/111C—.1 Ig‘wa .veal0 .0. 65% liz mitgo •— 559. 4.:•, 55. 21 CL c I I 77 i _ . . }:gas p N s:i ■•W41 i :;;\S Wig` LrmAr • •.INmosm,IN mos r. oisi .441,ampa;:kiwiii.,.,:,:t.,..:0:::\ , 111.1 al m SAI' A_ dr111111 � °.,.!' •. +. az N _ Cl- ...- ia1 Q 8 •- c m N- •- `- c cC •� U N WN 0 z• E co! .•' O r N rn ' a) f• U .c / o � o � Q mmm � _ •jam . c ^ N n a m o 1 0 O a N rn Q N , U r C O o m a 0 0 a� a> . 3 ajc, a) o 2 co _ _ a p _ m o c o O 'a •c c N 0 a 0 a ca >, (0 o E c c') r,, a s .- ----- D ca •- o r N ami o mg ii 'cQ .>, >_, >, >_, o 't EO oo >, o2S � m - a) a � � L o v E E E E 3 m o c _c : c in p 2 a� = Q co d o a) Q c u- = o o c U O c o U v O - y 2 N N N N CZ N to -0 c ,_ U N ,_ c N N ca CD °' c O m m rn co rn 'a °� L E c v� l° c Eco .� _ii c) 'c V O c c c c c o o N O Q) a� a) O p N rn m c ea co N (n 0 03 0) 0 Cn .0 (n0 (/) O 2 2 d Z V U' w 0.5 0 V J 2 d J 0 ® N 111 ii 1 :��� 111 t '1, 1 . 1 (ii x / I' s r - � t r 1jrI _ . • • t 4 \ aA ,AI . • .. ' , f 7 t • . 1' 4y ,F •• i► li / ' 4t‘ : ii;I/ _, 0, ' In v. tpi . . --''JN + -- , G sit. I r• 1 iNo ,\ ' � +� ' k. :•':\ - i#, .,. .‘ ::.l.-. ..„. .,.41 ' ' ,e ti ty• , ‘ii ..,.,:k:A.I, \\I .:‘ .. A ' • ,1::.'...::..1'.:,‘..\.,-.Y.: :1,::: a �. 7.. , 140i : , f k. , It r ,. 1, , kis,,,„ , .4 , _ ., , t r .. r L [. 1 ' t1,`. { �� ' f"bs . ✓,, f- iy- .• t / . P . ___......... _____._ _____________.,__._ ._. ..„... ..., . . t•N• - ,. ' r t I-] • ,' - 1".1.4"....14.1.1.111 .. . • di Alit — 11111.410111111 / 5 b • - - - S j . ;•;•"',•1' z - '' S • air�+�- ..-. ... - _.!_ � �;aj �. y.. •rh aem.i y.\,i . • t J rY l ati' . . , ' '... •-4, . .i ':.:--:i...,-„..•.1..-..,--.. • ,.,;*:.q.k.:e)::. ••,:! ,t,', ' j•I'F.' ..: ,. . 1.0 Ar, 1 IC t-, • IM•Mil, aim . 4/111160 Aube, .:- MIIIIMIll. Salle t XO, I NW AMP. :,........../ Ir • .- , 110101i. • .. ' ----: , - . ..., r 11111 ilmoP 1 ..,. ,,.,.., 1 miriiiii., .1.1 tali - i .- _ • gi . Pk 1 liii! iii, , .-,-..... . 1 ,-.. . • ..3::. • - 4ff i ,-, ,... _ ...di' . 1• :•:?..7,..: . . - 111 , ...':'1.--- 4:•:.' . ilk • ..- '''i,i'-i,, • t- -- -- irlW rllp t•.'. ., • ,. ,. i 11/0 mom • . , - .. • ,.i.',,,7 --•• -- ,ftil, ..w. ilik --- • — " . . ... .,,.... ,....,,,,,,...„.•., ti e..,...,, . . . „...... t , . .4 .. . ..........„ Li:t..4::::,' -,,.•".., '... -.-. ,... lev-.,..,i-.•":„ 4'1 r .... .,, , di dB , • r, ilk 40\11 I , di• ....... 1.-t-l'• \ $-' ——r lik i U-... • CM It.''.,; ---. -0! li ,.. , •.,...,.. , -, 4--.• . ' 111.'4 • -,. * J. _ .... ' ..‘ . ., \ I- -VV.- \ 1 440,, •l'Of‘."'-•v•••••.-?: ,s, ... , ., ., -, 2.„,-,... ....4. ,, ,..• :.• , . . , ...., ,.... ..,. , ." '441: , . ., , ,. • .. .. 11111k IIII: . . _ '111111111111.111111.19,"""m`-""""*""-- Mk — 1.4 - . i . w .. --- i . , . 1 ' f . ‘' 4‘ ..., • f -..- y ' te;:'. • g "vyn s • mss:. '-'."11"1177 •M • ♦1. ...v- ..-..- r ' ). .. .., .' -• _ / ,---,n ,4 ,/, • Air 410,_ 29 • N. . G` it '' ' -Vit: ,, ; liiii dal iiiiii*,$ - • d. i 4 .4 ": „ • i oc;cinai , . •••• • • • '4, • • j. •• gt,• • .• • '4 • './;- ; ;.".: • it • • 411 . . 1 4 • • 1 --4111110061 Jk.• g- ,111114. • mon • temir IMR vdr . _ • - - 11/4 --s••• -- • OFC • • .51 • • *-Y ‘` THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: PREPARED BY: Dana Crosby-Collier,Esq. SHUFIELD,LOWMAN&WILSON,P.A. 1000 Legion Place,Suite 1700 Orlando,FL 32801 RETURN TO: Melanie Sibbitt,City Clerk CITY OF OCOEE For Recording Purposes Only 150 N.Lakeshore Drive Ocoee,FL 34761 ANNEXATION AND DEVELOPMENT AGREEMENT INSPIRATION PUD THIS ANNEXATION AND DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of the day of , 2018 by and among DIPLOMAT DEVELOPMENT GROUP, LLC, a Florida limited liability company, whose address is 6965 Piazza Grande Avenue, Suite 406, Orlando, Florida 32835 ("Diplomat"), RPM INVESTMENTS HOLDING, LLC, a Florida limited liability company, whose address is 6965 Piazza Grande Avenue, Suite 406, Orlando, Florida 32835 ("RPM") (Diplomat and RPM are sometimes collectively referred herein to as "Owner"), and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761,Attention: City Manager(the"City"). WITNESSETH: WHEREAS, Maguire Road, LLC, a Florida limited liability company ("Seller"), owns fee simple title to the real property located in Orange County, Florida, which is described in Exhibit"A" attached hereto and incorporated herein by reference("Parcel A"); and WHEREAS, Diplomat owns fee simple title to the real property located within the corporate limits of the City, which is described in Exhibit "B" attached hereto and incorporated herein by reference ("Parcel B") (Parcel A and Parcel B are sometimes hereinafter collectively referred to as the "Property"); and WHEREAS, Seller agreed to sell and convey Parcel A to RPM, subject to certain contingencies including the annexation of Parcel A into the corporate limits of the City and the zoning of Parcel A as PUD under the"Land Development Code"(as defined below); and WHEREAS, Parcel A and Parcel B are anticipated to be developed together as a single planned unit development consistent with the"Land Use Plan" (as defined below); and WHEREAS, pursuant to Section 171.044, Florida Statutes, Seller petitioned the City to voluntarily annex Parcel A into the corporate limits of the City(the"Petition"); and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the Petition and at such hearing found the annexation of Parcel A to be consistent with the Ocoee Comprehensive Plan and Joint Planning Area Agreement between the City and Orange County (the "JPA Agreement"), and has recommended that the Ocoee City Commission annex Parcel A into the corporate limits of the City; and WHEREAS, the City has required that Owner execute this Agreement as a condition precedent to the consideration of the Petition by the Ocoee City Commission; and WHEREAS, the Ocoee City Commission has reviewed the proposed annexation and found the proposed annexation to be consistent with the Ocoee Comprehensive Plan and the JPA Agreement and to represent a minimal fiscal and level of service impact on the City; and WHEREAS, the City has determined that the execution of this Agreement is essential to the public health, safety and welfare and the ability of the City to plan for proper traffic circulation in the vicinity of Parcel A in accordance with the Ocoee Comprehensive Plan; and WHEREAS, the City has determined that, subject to the terms, conditions and limitations hereinafter set forth, it is feasible to extend certain municipal services to Parcel A on the same terms and conditions afforded to all property owners within the City except to the extent set forth in this Agreement; and WHEREAS, the City has conducted an Annexation Feasibility & Public Facilities Analysis with respect to the annexation of Parcel A and determined that this Agreement and the annexation of Parcel A is consistent with the goals, objectives and policies of the Ocoee Comprehensive Plan; and WHEREAS, pursuant to the petition of Owner, on even date herewith, the Ocoee City Commission approved Ordinance No. 2018- rezoning the Property as 'PUD" under the Land Development Code; and WHEREAS, the provisions of Section 4-10 of Article IV of the Land Development Code require that Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, in 1999 the City, Heller Bros. Groves, Inc., a Florida corporation ("Heller Bros."), and Centex Homes entered into the Tomyn Road Right-of-Way and Development Agreement, which was recorded in Official Records Book 5699, at Page 4137, of the Public Records of Orange County, Florida(the"Heller Bros. Agreement"), wherein the City agreed, in part, to the re-location of the Tomyn Road right of way to the south of its then existing location and to construct a new road (hereafter "Northbrooke Boulevard") on a public right of way to be donated by Heller Bros. to the City pursuant to the Heller Bros. Agreement; and WHEREAS, Tomyn Road has been relocated by the City; and WHEREAS, the Owner intends to design, engineer, permit and construct Northbrooke Boulevard so as to have roadway to access the Property; and WHEREAS,the City has agreed to provide Owner transportation impact fee credits in an amount that is the lesser of(1) Two Hundred Fifty Two Thousand and no/00 ($252,000.00) or (2) sixty percent (60%) of the total final as-built costs reasonably incurred by Owner for the construction of Northbrooke Boulevard; and WHEREAS, Owner and the City desire to execute this Agreement in order to fully comply with the provisions of the Ocoee Land Development Code and to establish the agreement for the roadway improvements, the granting of impact fee credits, and other issues relating to the development. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. Section 2. Contineencv of Development Approvals. This Agreement, the annexation of Parcel A, the rezoning of the Property to "PUD", and the Land Use Plan for the Property (collectively the "Development Approvals") are contingent upon RPM acquiring fee simple title to Parcel A from Seller within ninety (90) days after the date this Agreement is approved by the City Commission. The execution and delivery of a deed from Seller to RPM(the "Parcel A Deed") within ninety (90) days after the date of this Agreement, and the subsequent recording of the Parcel A Deed in the Public Records of Orange County, Florida, shall satisfy this contingency. Within ten (10) days of the recording of the Parcel A Deed, RPM shall provide to the City a copy of the recorded Parcel A Deed, together with a letter to the City, c/o Scott Cookson, confirming that the Parcel A Deed has been recorded and that the closing on the sale and conveyance of Parcel A from Seller to RPM has occurred. The Developer shall cause this Agreement to be recorded in the Public Records of Orange County, Florida, at the closing on the conveyance of Parcel A to RPM following the Parcel A Deed and prior to the recording of any mortgages on Parcel A, or, in the event a mortgage is recorded ahead of this Agreement, then RPM shall cause the mortgagee to execute a recordable document in a form acceptable to the City evidencing that the mortgagee joins in and consents to this Agreement and that its mortgage is subordinate to this Agreement. Within thirty(30) days after the recording of the Parcel A Deed and this Agreement, RPM shall present to the City an updated title report evidencing the priority of this Agreement as described herein. In the event RPM does not acquire fee simple title to Parcel A from Seller within ninety (90) days of the date of this Agreement, the Development Approvals shall be null and void and of no further force and effect. In addition, the Development Approvals shall be specific to Owner, and are not effective should the Seller fail to convey Parcel A to RPM within the time set forth herein. In the event the Development Approvals become null and void and of no further force and effect, as described herein, Owner and City agree to execute such further documents reasonably requested by either acknowledging the same. Section 3. Annexation of the Property. Prior to the approval of this Agreement by the City, the Ocoee City Commission adopted Ordinance No. 2018- for Case No. AX-08- 17-03, subject to the contingency set forth in Section 2 hereof, thereby redefining the corporate territorial limits of the City to include Parcel A. Section 4. Development of the Property. A. Owner hereby agrees to develop the Property in accordance with that certain PUD Land Use Plan for Inspiration PUD prepared by , date stamped as received by the City on , and approved by the City Commission of even date herewith together with such conditions imposed by the City in connection with such approval, if any (hereinafter referred to as the "Land Use Plan"). The Land Use Plan is hereby incorporated herein by reference as if fully set forth herein. B. Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Exhibit"C" and by this reference made a part hereof(the "Conditions of Approval"). Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Exhibit "C" are the same as the Conditions of Approval set forth in the Land Use Plan. C. Except as otherwise expressly set forth in this Agreement and the Land Use Plan it is agreed that (1) Owner shall comply with the zoning and subdivision regulations of the City as set forth in the City of Ocoee Land Development Code ("Land Development Code"), as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the Property or any portion thereof shall conform to the Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Land Development Code, as it may from time to time be amended, and this Agreement, it is agreed that the provisions of this Agreement shall control. Section 5. Northbrooke Boulevard Road Construction. In connection with Owner's development of the Property, the parties acknowledge that Owner is obligated to design, engineer, permit and construct, at Owner's sole cost and expense, Northbrooke Boulevard as shown on Exhibit "D", attached hereto and by this reference made a part hereof(the "Northbrooke Boulevard Road Construction"). Subject to the contingency set forth in Section 2, above, and following recording of the Parcel A Deed, and receipt of the updated title report referenced in Section 2, above, the City will use good faith efforts to obtain the right-of-way and easements, if any, necessary for Owner's Northbrooke Boulevard Road Construction. No later than thirty(30) days after the last to occur of: (i) the date Owner receives all final permits necessary for the Northbrooke Boulevard Road Construction and (ii) the date the City notifies Owner that it has secured the Northbrooke Boulevard right of way, the Owner shall seek competitive bids for the Northbrook Boulevard Construction in accordance with the Plans approved for the Property, including utilities, sidewalks, irrigation, and landscaping. No later than , Owner will enter into a contract with the lowest responsive and responsible bidder capable of performing the work in a timely and workmanlike manner. The selected contractor shall be required to carry appropriate liability insurance coverage naming the Owner and the City as additional insureds, as well as statutorily required worker's compensation coverage. The selected contractor shall also be required to provide payment and performance bonds for one hundred and ten percent (110%) of the contract value which bonds shall name the Owner and City as co-obligees. Upon completion and acceptance by the City, the Northbrooke Boulevard Improvements shall be conveyed to the City by Bill of Sale or other appropriate document to be determined by the City. Section 6. Turn Lane. The initial design and construction of the Northbrooke Boulevard may, at City's option, include a westbound right turn lane and an eastbound turn lane onto Tomyn Boulevard within the existing right of way. In the event such turn lanes are required, the turn lanes shall be included as part of the Northbrooke Boulevard Road Construction. Section 7. Impact Fee Credit. Upon completion and acceptance of the Northbrooke Boulevard Road Construction and following conveyance of the Northbrooke Boulevard Improvements to the City by Bill of Sale or other appropriate document as determined by the City, the City agrees to provide to the Owner transportation impact fee credits (no cash value) in the amount that is the lesser of sixty percent (60%) of the total final as built costs reasonably incurred by Owner for the Northbrooke Boulevard Road Construction or Two Hundred Fifty Two Thousand and no/00 dollars ($252,000.00). Transportation impact fee credits will be determined and applied after completion and acceptance of the Northbrooke Boulevard Road Construction. Section 8. Utilities Design and Construction. In connection with Owner's development of the Property, Owner shall, design, engineer, permit, and construct, at Owner's sole cost and expense, an extension of the following utilities from the closest stub-out along Tomyn Boulevard to the Property: (a) potable water line, (b) sanitary sewer line, and (c) re-use water line, said extensions to be appropriately sized to accommodate the development of the Property. If requested by the City, the Owner shall provide the City with an engineer's estimate of the total of all costs to the Owner associated with oversizing the requested line(s) and, if thereafter authorized by the City in writing, to thereafter oversize one or more of such lines as directed by the City. All of the additional costs incurred by the Owner and associated with such oversizing (collectively the "Oversizing Costs') shall be borne by the City which shall promptly pay the Oversizing Costs to the Owner upon its acceptance of the oversized line(s) and receipt of reasonable evidence of the amount thereof. City may pay the Oversizing Costs by cash or by awarding impact fee credits. Inasmuch as the construction of the aforesaid utility lines shall benefit adjacent property owners, the City and Owner shall enter into a separate "Refunding Agreement" as provided in Chapter 173 of the City of Ocoee Code. The Owner shall be responsible for looping the potable water main from the stubb-out at the intersection of Tumblewater Blvd and Tomyn Blvd to Maguire Road. The looped potable water main should be designed with potential development of the Heller Bros Grove property in mind. All reasonable effort to service both properties with the looped potable water main should be taken. Section 9. Signal. The parties agree that Owner will contribute in its proportionate share to a signal controlling traffic from Northbrooke Boulevard and Section 10. Noise Attenuation Barrier. Owner agrees to include in the declaration and covenants for the residential portions of the Property the following disclosure statement: If you are buying a home or lot in Inspiration PUD you should know these basic facts: I. Inspiration PUD is located adjacent to Florida's Turnpike, which is an lane highway with heavy traffic. 2. Purchaser has observed that a sound attenuation wall does not exist at Inspiration PUD and understands that no there are no plans to install such a wall. 3. Purchaser understands and acknowledges that the development of a sound attenuation wall would be the responsibility of the Turnpike Authority and that installation of a sound attenuation wall will not be done by the City of Ocoee. 3. Developer and Owner acknowledge that this disclosure shall run with the Property and inure to the parties hereto and to their respective successors and assigns and to any person, firm, corporation, or entity who may become a successor in interest to the Property and any portion thereto. Section 11. Good Faith Efforts. The parties hereto agree to work in good faith towards the accomplishment of the objectives set forth in this Agreement. Section 12. Indemnification and Hold Harmless. Owner agrees to indemnify and hold the City, its elected and appointed officials, and its agents and employees harmless from and against any claims related to the design and construction of the roadway improvements described in this Agreement, including, but not limited to, attorneys' fees, costs and damages incurred, based on Owners negligence or Owner's willful violation of governmental regulations in the performance of this Agreement. This provision shall only apply to actions filed within two (2) years from the completion of construction of the improvement for which a claim may arise or any claim not otherwise barred by an applicable statute of limitations; and shall not apply to claims arising as a result of the City's maintenance of or failure to maintain the roadway or any utilities constructed in the City's right of way. Section 13. No Permit. This Agreement is not and shall not be construed as a development permit, or authorization to commence development, nor shall it relieve the Owner of the obligations to obtain necessary development permits that are required under applicable law and under and pursuant to the terms of this Agreement. Section 14. Notice. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered(whether or not actually received)when(1)hand delivered to the other party at the address appearing on the first page of this Agreement, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address appearing on the first page of this Agreement, or such other person or address as the party shall have specified by written notice to the other party delivered in accordance herewith. Section 15. Covenant Running with the Land. This Agreement shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 16. Recordation of Agreement. The parties hereto agree that an executed original of this Agreement shall be recorded at Owner's expense in the Public Records of Orange County, Florida in accordance with the Section 2 of this Agreement. Section 17. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Section 18. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 19. Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Section 20. Further Documentation. The parties agree that at any time following a request therefor by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. Section 21. Specific Performance. Both the City and Owner shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. Section 22. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof,the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, legal assistants' fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Section 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 24. Captions. Captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. Section 25. Severability. If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. Section 26. Effective Date. The Effective Date of this Agreement shall be the date when the City signs the Agreement. SIGNATURES TO FOLLOW IN WITNESS WHEREOF, Owner and the City have caused this instrument to be executed by their duly authorized officers as of the day and year first above written. Signed, sealed and delivered in the OWNER: presence of By: Print Name Print Name and Title RPM Investments Holding,LLC Print Name By: Print Name Raimundo D.Veloso,Manager Diplomat Development Group, LLC Print Name STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , RPM Investments Holding, LLC, who [ I is personally known to me or [ 1 produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of Signature of Notary Name of Notary(Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Raimundo D. Veloso, Manager, Diplomat Development Group, LLC, who 1 1 is personally known to me or [ 1 produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of Signature of Notary Name of Notary(Typed,Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): CITY: Signed, sealed and delivered in the presence of: CITY OF OCOEE,FLORIDA By: Print Name: Rusty Johnson,Mayor Attest: Melanie Sibbitt, City Clerk Print Name: (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD ON Approved as to form and legality this DAY OF day of UNDER AGENDA ITEM NO. SHUFFIELD,LOWMAN& WILSON,P.A. By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Rusty Johnson and Melanie Sibbitt, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses,freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of Signature of Notary Name of Notary(Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(if not legible on seal): EXHIBIT"A" PARCEL A Forthcoming EXHIBIT"B" PARCEL B Forthcoming EXHIBIT "C" CONDITIONS OF APPROVAL Section A. General 1. The City of Ocoee, Florida (the "City") is subject to the terms,provisions and restrictions of Florida Statutes, Chapter 163, concerning moratoria on the issuance of building permits under certain circumstances. The City has no lawful authority to exempt any private entity or itself from the application of such state legislation and nothing herein shall be construed as such an exemption. 2. This project shall be developed in multiple phases. Project infrastructure shall be developed in Phase 1. 3. Each phase of the project will stand on its own with respect to public services (sewer, water, stormwater management, access and other related services). 4. Except as specifically noted on this plan, development of the property shall be consistent with the requirements of the City of Ocoee Code of Ordinances (the "Code"), which Code includes Chapter 180, the City of Ocoee Land Development Code (the "Land Development Code"). 5. Nothing herein shall be construed to waive any provision of the Land Development Code except to the extent expressly set forth on a waiver table or explicitly set out on the plan. 6. Any damage caused to any public streets as a result of the construction activities related to the project shall be promptly repaired by the Owner to the applicable governmental standards at the Owner's sole cost and expense. 7. There shall be no access from the property to any public streets except at the approved locations shown on the approved Final Subdivision Plan/Final Site Plan. 8. All existing structures (including buildings, power lines, existing aerial and utility facilities) will be removed and/or terminated prior to or during construction of the development replacing those uses. 9. Development of this property is subject to that certain Development Agreement dated as recorded in Official Records Book , Page , Public Records of Orange County, Florida. 10. All legal instruments including, but not limited to (i) declarations of covenants, easements and restrictions for the property; (ii) articles of incorporation and bylaws of the property owners' association(the"Association"); and (iii)warranty deeds, easements and bill of sale documents to the Association, the City, the County and/or the St. Johns River Water Management District ("SJRWMD") shall be provided to the City for review and approval prior to platting all or a portion of the property. 11. Parking for individual lots shall be provided in accordance with the Land Development Code. 12. Each fire hydrant shall be painted OSHA yellow in color and a blue reflective marker shall be affixed to the street in the center of the lane closest to each hydrant. 13. The Owner of each tract shall be responsible for installing reuse lines along with the other subdivision infrastructure. At such time as reuse water is available to the property, the Owner shall be responsible for connection to the reuse system lines. 14. Pursuant to the Land Development Code, all subdivision signage must be consistent with the legally assigned name of the subdivision. Any subsequent change to the name of the subdivision must be approved by the City Commission of the City. 15. To the extent the Land Use Plan and these Conditions of Approval conflict with the Land Development Code, the provisions of the land Use Plan and these Conditions of Approval shall control. 16. [If to City] To the extent any lift stations are required on the property they will be conveyed to the City at the time of platting. All such lift stations shall be designed in accordance with the City of Ocoee Engineering Standards Manual. Section B. Trees 1. Existing trees eight feet (8') or larger (other than citrus trees or "trash" trees) located along proposed locations of buffer walls or road right-of-way lines will be preserved if at all possible; the buffer walls and roads will be designed around those trees to incorporate them into required landscape buffers and as street trees 2. The existing grades on individual lots containing protected trees will be maintained as much as possible to preserve existing protected trees. For lots or tracts containing protected trees, there will be no grading or other construction on the same except as specified in the approved Final Subdivision Plan/Final Site Plan, until building permits are issued for those lots/tracts. 3. Removal of existing protected trees will be limited to clearing road right-of-way and retention areas as detailed in the Final Subdivision Plan/Final Site Plan. All existing protected trees on individual lots and tracts will be evaluated at the time of site plan review for that lot or tract,to determine whether or not each tree needs to be removed. 4. In order to ensure that as many existing trees as possible will be preserved, all road rights-of-way and retention areas will be flagged for review by the City prior to any tree removal. No clearing permits will be issued for site work or building construction until the trees to be preserved have been clearly marked with tree protection barriers. 5. No person shall undertake land clearing or the removal of any protected trees without first obtaining a permit from the Building Department. The removal of protected trees shall be minimized to the maximum extent possible and no authorization shall be granted to remove a tree if the Owner has failed to take reasonable measures to preserve the trees on site. 6. The final grading plan will preserve existing grades on individual lots and tracts containing protected trees as much as possible. 7. All landscape areas will be irrigated and have an automatic rain sensor. Section C. Easements/Utilities 1. All cross access, utility and drainage easements shall be provided prior to or at the time of platting. 2. All utilities to be placed within the ten foot (10') easement along the front of each lot will be placed around existing protected trees to be preserved. 3. All utilities including electrical, cable, TV, and telephone and including on-site existing overhead wires shall be placed underground. 4. Unless otherwise noted, a ten foot (10') utility, drainage and sidewalk easement adjacent to the street right-of-ways. Sidewalks will only be placed in this easement if necessary to run them around existing protected trees to be preserved. 5. All drainage, utility and maintenance easements shall be for the benefit of the Association. The land burdened by such easements shall be owned by the individual lot or tract owners. 6. Drainage easements between lots and tracts are shown for location only. Final easement dimensions will be shown on the Final Subdivision Plan/Final Site Plan and will be sized to meet City requirements. 7. A perpetual, non-exclusive access easement over all internal roadways and other paved areas is hereby granted in favor of the City and other applicable authorities for law enforcement, fire and other emergency services. The City may require that the owner execute an easement in recordable form with respect to the foregoing. 8. An emergency access easement to the retention ponds and over all drainage easements shown hereon is hereby granted to the City for emergency maintenance purposes. The emergency access easement will not impose any obligation, burden, responsibility of liability upon the City to enter upon the property it does not own or take any action to repair or maintain the drainage system on the property. Section D. Association I. The Association shall own and maintain all common areas. 2. All declaration of covenants and restrictions affecting the property shall include the following provisions: i. Provision allowing the City to levy, collect, and enforce assessments for maintenance of common areas if the Association fails to do so or fails to maintain assessments at a level allowing for adequate maintenance. ii. Provision granting the City the right, but not the obligation, to maintain all common areas should the Association fail to do so after notice from the City. To the extent that the City undertakes such action, the City shall be entitled to reimbursement from the Association and shall be entitled to require the Association to levy assessments for the purposes of paying such reimbursement. iii. Provisions granting the City the right, but not the obligation, to maintain/repair the stormwater management system for the property (the "SWMS") and obtain reimbursement from the Association, or from the Owner if(a) turnover of control of the members has not occurred; or (b) if the Owner is still responsible for maintenance of the SWMS. iv. Provision providing that the SWMS will be transferred to a responsible operation/maintenance entity acceptable to the City in the event of dissolution and that if dissolution occurs without such approval then the City may continue to levy and collect assessments and impose liens with respect thereto notwithstanding the dissolution of the Association. v. Provision that the Association shall at all times be in good standing with the Florida Secretary of State. vi. Provision that at the time of turnover of control of the Association to the members, the declarant shall deliver to the new board of directors the maintenance plan for the SWMS accompanied by an engineer's certification that the SWMS is functioning in accordance with all approved plans and permits. To the extent that any such engineer's report indicates any corrective action is required, that declarant shall be required to diligently undertake such corrective action at the declarant's expense and to post a cash bond with the Association for the estimated costs of such corrective action. vii. Provision that no property owned by the City or any other governmental entity shall be subject to assessments levied by the Association. viii. Provision that any amendment to any provision affecting the City or SWMS requires the consent of the City in an instrument recorded with the amendment. 3. All tracts that are to be owned and maintained by the Association shall be conveyed to the Association by warranty deed at the time of platting. A special warranty deed is permissible if accompanied by a title insurance policy to the Association. Section E. Streets 1. Final street naming will be coordinated through the City Building Department at the time of final plat submittal. 2. Tract access road(s) through the property, is a private road which will be owned and maintained by the Association, with access and utility easements granted to the City. Such roads will be conveyed to the Association at the time of platting. 3. Street lights, security lights and lighting for common areas meeting current Land Development Code requirements shall be installed by the Owner prior to Certificate of Completion at the Owner's expense. The Owner and the Association will be responsible for all operating costs relating to such lighting. 4. In the event gates are installed on the private roads the gates and subdivision shall comply with Article VIII, Chapter 34 of the Orange County Code for gated communities as well as any amendments to that Article that may be enacted prior to approval of the Final Subdivision Plan. Further, in the event Orange County rescinds or ceases to have regulations for gated communities, then the regulations in effect at the time of Final Subdivision Plan approval shall control. All references in said County Code Chapter to the "County" shall be deemed to refer to the "City" for purposes of this requirement. Click to Enter and Knox Box technology shall be installed and operational at each gate. 5. The Owner shall construct appropriate curbs cuts to enable construction of ramps at all rights-of-way intersections (and other areas as reasonably required) in order to accommodate access to sidewalks and streets for persons who are in wheelchairs and other persons who are physically challenged. Sidewalks abutting each platted lot or tract shall be constructed at the time of development of the lot or tract. When sidewalks are constructed on corner lots at certain locations, the sidewalks will be extended to the curb and the appropriate ramps will then be constructed. Sidewalks adjacent to common areas shall be constructed at the time of permanent construction of adjacent common areas. Section F. Stormwater Management System 1. All retention ponds will be unfenced with maximum 5:1 side slopes into the pond. 2. The development of this project will incorporate the stormwater needs of all public roads within the project. 3. All building setbacks from all retention areas shall be fifteen feet (15') feet from the top of the bank. 4. Unless otherwise specifically provided for, the SWMS, including all pipes, inlets, manholes, structures and retention ponds, will be owned, operated and maintained by the Association. 5. Notwithstanding the conveyance of the retention ponds to the Association or any provision to the contrary contained in these Conditions of Approval, the Owner shall remain responsible for the maintenance of the SWMS, including all retention ponds, until such time as: i. the entire SWMS for the project is constructed and the appropriate Certificate of Completion is issued by both the City and the SJRWMD; ii. the retention ponds intended to be conveyed to the Association have in fact been conveyed to the Association; iii. the Association is designated as the maintenance entity on the records of the SJRWMD and all transfer records required by the SJRWMD have been executed and accepted by SJRWMD; iv. the City has been provided with a copy of the Owner's proposed maintenance plan with respect to the SWMS; and v. the City has been provided with a written statement from the Association acknowledging receipt of the Owner's proposed maintenance plan with respect to the SWMS and that the Association is responsible for the maintenance of the SWMS. 6. All common area improvements including entry features, walls, landscaping and sidewalks along all roads, as well as landscaping around the retention pond tracts and any lift station tract shall be completed prior to issuance of the Certificate of Completion for those corresponding phases. Section G. Wetlands/100 Year Flood Plain 1. All finished floor elevations will exceed the 100-year flood plain or stormwater management system by a minimum of two feet(2'). 2. The Owner shall comply with all requirements of the City and other governmental entities with jurisdiction to protect the wetlands being preserved and to prevent any disturbance, siltation, or other construction below the natural wetland lines. Further, the areas below the natural wetland lines shall be fenced off(and silt fences shall be installed) during construction activities immediately adjacent to the wetlands, in order to minimize disturbances of the wetlands during construction. 3. Wetland and existing surface water impact for this property is regulated by SJRWMD and the Florida Department of Environmental Protection. General or individual permits are required from these agencies prior to commencement of construction. 4, At the time of submittal of the first Preliminary Subdivision Plan or Site Plan review for the property, the Owner will map the jurisdictional wetland line on the site and establish a twenty-five foot (25') upland buffer from that line. Depending on the results, the City may also require a Conservation and Drainage Easement over any wetlands or adjoining conservation area. The usable area of the site will be reduced by this acreage and all development criteria will be reduced proportionately. Prior to or at the time of development of any portion of the property, if a Conservation and Drainage Easement is required, the Owner shall convey to the City the Conservation and Drainage Easement, the form of which shall be approved by the City prior to the conveyance. Section H. Commercial Projects 1. Intentionally deleted. 2. All commercial lot uses shall conform to the Master Architectural, Signage, Lighting and Landscape Package Plans, which will be provided when the first commercial lot is developed and which will be subject to approval of the City. Developer reserves the right to make changes to the finishing materials but the architectural style shall remain the same. 3. Commercial buildings will be allowed fenced patios. 4. Preschool will be allowed an outdoor playground. 5. Open space courtyards will be allowed furniture. 6. No outside storage of any materials shall be allowed. 7. Service vehicles associated with the commercial use may be parked on the premises overnight. Section I. Sinale-Family Residential Projects Intentionally deleted. Section J. Townhome Projects 1. All multifamily residential buildings comprised of three (3) or more dwelling units, regardless of square footage or number of stories, will include automatic fire protection systems. 2. Open space between townhome units not part of an individual lot, shall be owned and maintained by the Association. 3. The townhome portion of the project will comply with section 6-15 of the Land Development Code regarding multi-family development standards. 4. Street trees shall be provided by the Owner at a rate of one (I) tree per townhome unit prior to certificate of occupancy for each building. 5. All declaration of covenants and restrictions affecting the townhome portion of the property shall include the following provisions: i. Provision providing that short term rentals (rental term less than six (6) months) shall be prohibited and providing that this provision may be enforced by the City. ii. Provision requiring that garages must be used for parking cars and that parking will be prohibited on the private streets, except in designated off-street parking spaces. iii. Provision prohibiting RV and boat parking within the subdivision. iv. Provision requiring that if trash cans are used at individual units, they shall be stored in the garage, but if they are stored outside the garage they shall be screened from view with a decorative fence and/or landscaping. v. Provision requiring a six foot (6') privacy fence on all three (3) sides of any lot with an accessory structure, per section 5-6b of the Land Development Code and homeowner's association restrictions. vi. Provision requiring limitations on the size and placement of accessory structures and privacy fences in certain rear yards. vii. Provision requiring all lots with fencing to have a gated entrance along the rear lot line. viii. Provision providing that trash pickup will be provided for each individual unit and that no dumpsters shall be utilized for waste disposal. ix. Provision providing that individual owners of individual lots shall be wholly and exclusively responsible, to the extent necessary, for the periodic clean-out, maintenance, upkeep, repair and replacement of all elements of the sanitary sewer system located on their respective lot, from the inside of the home to the back of curb where the lot line ends. The elements of the sanitary sewer system shall include, but not be limited to, all piping, `laterals" and other components of the sanitary sewer system. Neither the Association nor the City nor any other third party shall have any responsibility for such clean-out, maintenance, upkeep, repair or replacement of any component of the sanitary sewer system located on a lot. Section K. Wekiva Study Area Intentionally deleted. Section L. West Oranee Trail Intentionally deleted. Exhibit"D" Depiction of Sections of Road Improvements Forthcoming ORDINANCE NO.2018- (Annexation Ordinance for Inspiration PUD) TAX PARCEL ID: 30-22-28-0000-00-004 CASE NO. AX-08-17-64: Inspiration PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-10.66 ACRES LOCATED SOUTH OF FLORIDA'S TURNPIKE AND WEST OF MAGUIRE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately +1- 10.66 acres of property, as more particularly described in Exhibit "A" attached hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Land Development Code of the City of Ocoee(the"Code"); and WHEREAS,on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement, which has from time to time been amended by Orange County and the City of Ocoee (the "JPA Agreement"), and which affects the annexation of the real property hereinafter described; and WHEREAS, on October 10, 2017, the Planning and Zoning Commission of the City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, compliant with all applicable requirements of the Code, consistent with the JPA Agreement, and in the best interest of the City of Ocoee, and recommended the Ocoee City Commission approve said annexation; and WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City of Ocoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the JPA Agreement, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the JPA Agreement, and the Ocoee City Code. Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 8. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 9. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer of Orange County, Florida, and with the Florida Department of State within seven (7) days from the effective date. PASSED AND ADOPTED this day of , 2018. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED AND READ FIRST TIME ,2018 READ SECOND TIME AND ADOPTED FOR USE AND RELIANCE ONLY BY ,UNDER THE CITY OF OCOEE,FLORIDA AGENDA ITEM NO. APPROVED AS TO FORM AND LEGALITY THIS_DAY OF ,2018 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney EXHIBIT "A" Legal Description Forthcoming EXHIBIT "B" Map of Annexed Area Forthcoming ORDINANCE NO. 2018- (Rezoning Ordinance for Inspiration PUD) TAX PARCEL ID: 30-22-28-0000-00-004 30-22-28-0000-00-017 CASE NO. RZ-17-08-05: Inspiration PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 AND OCOEE "C-3 (COMMERCIAL)" TO OCOEE PLANNED UNIT DEVELOPMENT (PUD) ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +1-16.27 ACRES LOCATED SOUTH OF FLORIDA'S TURNPIKE AND ON THE WEST SIDE OF MAGUIRE ROAD, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property (the"Rezoning"); and WHEREAS, the Applicant seeks to rezone certain real property containing approximately +/-16.27 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Orange County A-1 and Ocoee "C-3" to Ocoee Planned Unit Development(PUD); and WHEREAS, pursuant to Section 5-9(8) of Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code"), the City Development Services Director has reviewed said Rezoning application and determined that the Rezoning requested by the Applicant is consistent with the City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended(the "Ocoee Comprehensive Plan"); and WHEREAS, said Rezoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, on October 10, 2017, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, and is in the best interest of the City, and recommended to the Ocoee City Commission that the zoning classification of said real property be rezoned as requested by the Applicant, and that the Ocoee City Commission find that the Rezoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan; and WHEREAS, on the Ocoee City Commission held a de novo advertised public hearing with respect to the proposed Rezoning of said real property and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041, Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City Code, of the Property described in Exhibit "A" containing approximately +/-16.27 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County A-1 and Ocoee "C-3" to Ocoee Planned Unit Development (PUD). A map of said land herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. SECTION 3. COMPREHENSIVE PLAN. The City Commission hereby finds the Rezoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan. SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of , 2018. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED , 2018 READ FIRST TIME , 2018. READ SECOND TIME AND ADOPTED , 2018. Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2018. SHUFFIELD LOWMAN & WILSON,P.A. By: City Attorney EXHIBIT"A" (The "Property") Forthcoming EXHIBIT "B" [INSERT MAP[ Forthcoming COPY OF ADVERTISEMENT Date Published and Media Name I Thursday: February 8.2018 The,WestOranAe Times 311 FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING INSPIRATION PUD ANNEXATION CASE NUMBER:AX-08-17-64 NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10(A)(1)of the City of Ocoee Land Development Code,that on TUESDAY,FEBRUARY 20,2018,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION will bold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida,to consider the Annexation for a property (the'Property")identified as Parcel Number 30-22-28-0000-00-004.The subject property is approximately 10.66 acres in size and is generally located between Ma- guire Road and Tomyn Road.The proposed use is for a Residential Community and Mixed-Use Commercial Center. ORDINANCE NO.2018-001 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING ' INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA, CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY+/-10.66 ACRES LOCATED SOUTH OF FLORIDA'S TURNPIKE AND WEST OF MA- GUIRE ROAD,PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS;FINDING SAID ANNEXATION TO BE CONSIS- 'T'ENT WITH THE OCOEE COMPREHENSIVE PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA AGREEMENT;PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;PROVIDING FOR SEV- ERABILITY;REPEALING INCONSISTENT ORDINANCES;PROVIDING FOR AN EFFECTIVE DATE. Inspiration PUD Location Map ULW. --d LJ_LI ?",,, u.LL _ ilr1L.:�rr,L:i�� 11-- vi. i ♦!�463 .�♦ .♦1 X11 IPgi♦iC: llig- .wu•�arugw;ajI VIP druguomirsompitiviwiittateir, .;..,7.7..an t, u Nps..p...: oil\4481111111 1111 J. �� � 1 iiirt �. ��VV1 NIIggIqql► tie un ra;ucvni insestRawo erowurium t..%;,t."kr ri 4 ar WA= If the applicant's request for annexation is approved,the annexation would in- corporate the property into the City of Ocoee.Interested parties may appear at the public hearing and be heard with respect to the proposed annexation.Pur- suant to Subsection 5-9 B.of the Land Development Code,the Planning Direc- tor has determined that the requested annexation is within the Ocoee-Orange County Joint Planning Area(JPA),and is consistent with the Ocoee-Orange County JPA Land Use Map and the Ocoee Comprehensive Plan. The complete case file,including a complete legal description by metes and bounds,may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 am.and 5:00 p.m., Monday through Friday,except legal holidays.The Ocoee City Commission may continue the public hearing to other dates and times,as it deems necessary. Any interested party shall be advised of the dates,times,and places of any continuation of these or continued public hearings shall be announced during the bearing and no further notices regarding these matters will be published.You are advised that any person who desires to appeal any decision made at the public hearing will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is maae wbicb includeathe testimony and evidence upon which the appeal is based. In accordance with the Ameiieans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this r roceeding should contact the City Clerk's Office 48 hours in advance of the meeting .t(407)905-3105. February 8,16,2018 18-00769W COPY OF ADVERTISEMENT Date Published and Media Name l Thursday, February 8.2018 The West Orange.Times 3B Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING INSPIRATION PUD REZONING TO PUD CASE NUMBER:R2-17-08-05 NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10(A)(1))and 45(B)of the City of Ocoee Land Development Code,that on TUESDAY,FEBRUARY 20, 2018,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE CITY COMMIS- SION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers, 150 North Lakeshore Drive,Ocoee,Florida,to consider the Rezoning to PUD for a property(the`Property")consisting of two parcels of land identified as Parcel Num- ber 30-22-28-0000-00-004 and 30-22-28-0000-00-017.The subject property is approximately 16.27 acres in size and is generally located between Maguire Road and Tomyn Road.The rezoning would be from Orange County A-1'Agricultural to City of Ocoee'PUD"Planned Unit Development The proposed use is for a Residen- tial Community and Mixed-Use Commercial Center. ORDINANCE NO.2018-002 AN ORDINANCE OF THE CITY OF OCOEE,FLORIDA,CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1 AND OCOF.F "C-3 (COMMERCIAL)' TO OCOEE PLANNED UNIT DEVELOPMENT (PUD)ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY +/-16.27 ACRES LOCATED SOUTH OF FLORIDA'S TURNPIKE AND ON THE WEST SIDE OF MAGUIRE ROAD,PURSUANT TO THE APPLICA- TION SUBMITTED BY THE PROPERTY OWNERS;FINDING SUCH ZON- ING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFI- CIAL CITY ZONING MAP;REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed actions.The complete case file,including a complete legal descrip- tion by metes and bounds,may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City Commission may continue the public hearing to other dates and times,as it deems necessary. Any interested party shall be advised of the dates,times, and places of any continuation of these or continued public hearings shall be announced during the hearing and no further notices regarding these matters will be published.You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americana with Disabilities Act,persons need- ing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at (407)905-3105. February 8,2018 18-00768W • COPY OF ADVERTISEMENT Date Published and Media Name Thursday. February 15.2018 The West Orange Times 23B Advertisement or Article SECOND INSERTION — CITY OF OCOEE NOTICE OF PUBLIC HEARING INSPIRATION PUD ANNEXATION CASE NUMBER:AX-08-17-64 NOTICE IS HEREBY GIVEN,pursuant to Subsection 1-10(Axl)of the City of Ocoee Land Development Code,that on TUESDAY,FEBRUARY 20,2018,AT 6:15 P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida,to consider the Annexation for a property (the"Property')identified as Parcel Number 30-22-28-0000-00-004.The subject property is approximately 10.66 acres in size and is generally located between Ma- guire Road and Ibmyn Road.The proposed use is for a Residential Community and Mixed-Use Commercial Center. ORDINANCE NO.2018-001 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA; ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE,FLORIDA. CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY+/-10.66 ACRES LOCATED SOUTH OF FLORID-ES TURNPIKE AND WEST OF MA GUIRE ROAD,PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNERS; FINDING SAID ANNEXATION TO BE CONSIS- TENT WITH THE OCOEE COMPREHENSIVE PLAN,THE OCOEE CITY CODE,AND THE JOINT PLANNING AREA AGREEMENT;PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK;PROVIDING FOR SEV- ERABILITY;REPEALING INCONSISTENT ORDINANCES;PROVIDING FOR AN EFFECTIVE DATE. Inspiration PUD Location Map � � � p� Utile applicant's request for annexation is approved,the annexation woula m- J Llicli.� :i m ri( ter corporate the Property into the City of Ocoee.Interested parties may appear at ;,i'� ' \ the public hearing and be heard with respect to the proposed annexation.Pur- suant sham to Subsection 5-9 B.of the Land Development Code,the Planning Direr- L1 for has determined that the requested annexation is within the Ocoee-Orange —,'� ill _ County Joint Planning Area(JPA),and is consistent with the Ocoee-Orange �, a County JPA Land Use Map and the Ocoee Comprehensive Plan. ole The complete case filet including a complete legal description by metes and 1, ;I - _■ t a � bounds,maybe impeded at the Ocoee Planning Department located at 150 North a'� _� _ it Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and 5:00 p.m., �• �_ Monday through Friday,except legal holidays.The Ocoee City Commission may ,, continue the public hearing to other dates and times,as it deems necessary. Any .-..0--',-• ' ,. interested party shall be advised of the dates,times,and places of any continuation of these or continued public hearings shall be announced during the hearing and no &�iia s�0a� further notices regarding these matters will be published You are advised that any eW ae e� on who desires to appeal an decision made at the public hearing will need a �i�spy�J�i Pas PP y P b realy ver:,,,' .!gee► record of the proceedings and for this purpose may need to ensure that a verbatim rNll►�•.� ��� �•�� �� II � unn�a�uu ar►gp ♦ s li• �� 41 i. ,, fi.--, record of the proceedings is made which includes the testimony and evidence upon Ild► 1 ee, ah 14 as 4 X. which the appeal is based. In accordance with the Americans with Disabilities Act, is.. •:, a s ,��._ 'ice • =1.•-i;,nor 1'_ �• ,„s.,.. ...to,On:limn, !! � - persons needing a special accommodation or an interpreter to participate in this �� ”'- rt Las- .' - proceeding should contact the City Clerk's Office 48 hours in advance of the meeting ���,tr�,:unrr:.O, �� � February 8,15,1018 18-00769W at(4,07)905-3105. 1 ns' =�Jl. n r;G 7,;:7,.;',.1„!4,, \moi �� Nilunume uill .. .___ _............,.r 4 e.tuge 51 Qsugr Aved� ♦��p .. A, Skil!1 ri:SA r 1 1 i i i i: .i•:1 !4r'Jtr, ie0,�'.�a\\fie Hr�ili _.r ...